Appeals Court Strikes Down California's Violent Game Ban 190
NewYorkCountryLawyer writes "The US Court of Appeals for the Ninth Circuit has struck down as unconstitutional a California statute purporting to ban the sale or rental of violent video games to minors. In a 30-page decision (PDF), in Video Software Dealers Association v. Schwarzenegger, the federal appeals court ruled that 'the Act, as a presumptively invalid content based restriction on speech, is subject to strict scrutiny and not the 'variable obscenity' standard from Ginsberg v. New York, 390 U.S. 629 (1968). Applying strict scrutiny, we hold that the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State's expressed interests. Additionally, we hold that the Act's labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State's controversial opinion.'"
Tempting fate (Score:5, Funny)
Re:He'll be back (Score:5, Funny)
http://www.game-walls.com/images/terminator%203/terminator_3_the_redemption_01_1024x768.jpg [game-walls.com]
"Sale or rental" (Score:2, Funny)
So this doesn't apply to piracy, right? Then the kids won't be affected anyway.
Re:Tempting fate (Score:2, Funny)
Re:Tempting fate (Score:3, Funny)
Looking at your profile, I wonder how you can pick up anything at all. Well done for being daring!
Re:Shit man, I bet... (Score:5, Funny)
I think when the Founding Fathers wrote the Constitution, they never meant it to mean that a black guy could be president.
Re:OMFG (Score:3, Funny)
Lobbyists Duke it Out (Score:3, Funny)
The violent move industry is losing market share to the violent video game industry. The video game industry is not paying their hired scum politicians enough apparently.
Re:Shit man, I bet... (Score:3, Funny)
To the first amendment (Score:2, Funny)
Re:Here's what you get from these "games" (Score:1, Funny)
Re:Shit man, I bet... (Score:4, Funny)
Re:Shit man, I bet... (Score:2, Funny)
Re:Shit man, I bet... (Score:2, Funny)